Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

The following is the content of a letter and associated attachments sent to the Regional Administrator at the USEPA, Region 2, Judith A. Enck. The letter was signed on January 14, 2013 by Joseph J. Martens, Commissioner.

On November 23, 1999, the New York State Department of Environmental Conservation (DEC) submitted a State Implementation Plan (SIP) revision to the EPA which consisted of a carbon monoxide (CO) redesignation request and maintenance plan for the New York Metropolitan Area (NYMA). This request, which was approved by EPA, was to redesignate the New York portion of the New York-Northern New Jersey-Long Island CO nonattainment area to attainment of the CO national ambient air quality standard (NAAQS).

EPA also approved the New York CO attainment demonstration that was submitted by DEC on November 15, 1992. This action provided for full approval of the New York State SIP for CO. Currently, there are no areas in New York designated as nonattainment for the CO standards. The existing primary NAAQS for CO are 9 parts per million (ppm) over an 8-hour period, and 35 ppm measured over one hour.

DEC is requesting that EPA parallel process the approval of the enclosed limited maintenance plan (LMP) for CO for the NYMA. This SIP revision is also being noticed for public review and comment. At the completion of that process, DEC will provide EPA with, along with the proof of public notice, the public comments and DEC's response to those comments.

Section 175A of the Clean Air Act Amendments requires that a SIP for a former nonattainment area provide for continuing maintenance of the NAAQS. That maintenance SIP must provide contingency measures to assure that the state will promptly correct any violation of the standard that occurs after the redesignation of the area to attainment. In order to use the LMP, design values (two years of monitoring data) must be at or below 85% of exceedance levels of the CO NAAQS. Additionally, the design value for the area must continue to be at or below 85% of exceedance levels of the CO NAAQS until the time of final EPA action or the redesignation.

DEC has addressed and satisfied all the criteria of Section 175A of the Act. This SIP submittal shows that design values (two years of ambient monitoring data) for CO are at or below 85% of exceedance levels of the CO NAAQS; therefore, DEC has met the requirements for a LMP. The maintenance demonstration shows that future year CO emissions will not exceed the level of the attainment year and effective safeguards are in place for the NAAQS for at least 10 years following EPA's redesignation.